A change.org petition is asking for the resignation of a Dallas County judge. They want state District Judge Jeanine Howard to resign after making controversial comments about a rape victim. The petition more than 1,100 signatures.

State District Judge Jeanine Howard

Howard told The Dallas Morning News earlier this month that a 14-year-old rape victim “wasn’t the victim she claimed to be.” She was explaining why she gave the defendant deferred adjudication probation in the case.

The petition has no official force to remove Howard from office. Not all of the signatures are local and, therefore, not voters.

The defendant, Sir Young, was 18 at the time of the rape and pleaded guilty to raping the girl at Booker T. Washington High School for the Performing and Visual Arts where they were both students. He is now 20. She is 17.

Howard, a Democrat, is unopposed in her November bid for a third term.

Sir Young took a seat at the defense table before a hearing Thursday in the court of state District Judge Carter Thompson. (Michael Ainsworth/Staff Photographer)

Update at 10:45 a.m. by Jennifer Emily and Sarah Mervosh:

State District Judge Carter Thompson had stern words of warning Thursday for Sir Young after his decision to reinstate probation restrictions against the admitted rapist.

“Mr. Young, we’ve never met before,” the judge said from the bench.

“No sir,” replied Young from his seat at the defense table.

“Let me tell you what’s expected of you. You have to live up to every condition of probation,” the judge said. If you miss a probation meeting, I’m going to find out about it. If you test positive for drugs, I’m going to find out about it. If you’re in a gang, I’m going to find out about it. If you get arrested again, I’m going to find out about it.

“Your previous court gave you a second chance. Do not expect a third chance from this court.”

Prosecutor Jennifer Bennett is running as a Democrat. Defense attorney Lisa DeWitt is running as a Republican. Other Democrats have indicated they are running but have not yet filed. They are seeking replace state District Judge Mark Stoltz, who is not seeking a third term.

282nd District Court

State District Judge Andy Chatham does not yet have an opponent. He is a Democrat. A prosecutor has said she will run against Chatham. But she has not yet filed.

Former Dallas County Constable Jaime Cortes testified in December 2012. That trial ended with a hung jury that split 11-1 in favor of guilt.

Former Dallas County Precinct 5 Constable Jaime Cortes admitted Monday in court to falsifying his campaign finance records in exchange for a probation that will leave him without a criminal conviction.

State District Judge Jeanine Howard place Cortes on deferred adjudication probation for one year on a misdemeanor charge of tampering with a government record. Deferred adjudication means the judge is delaying judgment until Cortes meets the terms of his probation. If Cortes does not, he could face jail time.

Cortes, who resigned from office, was originally charged with felony tampering with a government records.Continue reading →

UPDATE AT 3:05 p.m.: Judge Jeanine Howard has declared a mistrial, as jurors remain deadlocked at 11-1. It became clear they weren’t going to reach a verdict when they dispatched to the judge a stern note saying they were stuck. Prosecutors say they will retry Cortes. A juror who wouldn’t provide his name said they were 11-1 in favor of a conviction.

UPDATE AT 1:55 P.M.: Jurors reported in a note to the judge that they are deadlocked at 11-1, though they did not indicate which way they are leaning.

With the jury outside the courtroom, Judge Jeanine Howard read the note in open court.

“We are deadlocked at 11 to 1,” the note from the jury foreman said. “We have been this way for over three hours.”

The judge said she would send back the “standard note” instructing them to continue to deliberate for now. Attorneys on both sides agreed that that was the proper thing to do at this point.

UPDATE AT 12:06 P.M.: Jurors are now on a lunch break until 1 p.m. They’ve deliberated for close to five hours.

ORIGINAL POST AT 10:25 A.M.:

The jurors in the felony case of former Dallas County Constable Jaime Cortes this morning asked to review portions of the testimony of a key prosecution witness.

Cortes testified later in the trial that that’s because the cash Talamantez gave him was not a campaign contribution, but a repayment of a personal loan for Talamantez to buy his child tennis shoes.

The court reporter prepared a transcript of the relevant portions of the testimony and it was sent back to them for their review.

Cortes faces a state jail felony charge that he falsified his campaign finance forms for the period of September to December 2007 in an effort to hide raffle ticket proceeds from his deputies. Cortes’ indictment alleged that the total amount on his campaign finance report — $18,116 — was a false entry.

Some said they gave payments to Cortes’ second-in-command, Ken Hines, who was not called to testify in the case.

The charge against Cortes carries a maximum punishment of two years in state jail. After closing arguments on Wednesday afternoon, jurors deliberated about two hours without reaching a verdict. They were back at it this morning for less than an hour when they sent the note.

The raffle is similar to the one that brought down former Precinct 1 Constable Derick Evans, who was convicted of a felony earlier this year.

State law allows nonprofit organizations to hold raffles but forbids them to benefit political campaigns. Cortes, who resigned in 2010, was not charged specifically with holding an illegal raffle in part because a two-year statute of limitations had passed.